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Use of spirituous ritúdiis liquors within any gaol, except by the prescription liquors prohibit
and direction of a regular physician, surgeon, or apothecary, under pain of "forfeiting £100. to the king and to such persón' as shall-sue for the same in any court of record at Westminster, or in the court of exchequer in Scotland, by action of debt, &c. and a second conviction for such offence is to be deemed a forfeiture of the office. And by this clause all licenses granted for the
retailing of spirituous liquors within any gaol, &c. are S. 14. declared void. By s. 14. any justice upon information
that such liquors are kept and disposed of in any gaol, &c. is empowered to enter and search, or to authorize a
peace officer for that purpose, and to seize, stave, and 6. 15. destroy the same. And by s. 15. any person convicted
before a justice of the county, &c. upon the oath of one witness of carrying or attempting to carry such liquors into any gaol, &c. contrary to this act, is to be committed to prison, or to the house of correction for any time not exceeding 3 months, unless he shall pay such fine, not exceeding £20. nor less than £10. as such justice shall impose, one moiety to the informer and the
other to the use of such gaol, &c. And these 3 clauses S. 16. are by s. 16. required to be printed or fairly written, and
hung up by every gaoler, &c. in one of the most public places of his gaol, &c. and to be renewed from time to time, under a penalty of 40s. upon conviction before
a justice, by the oath of one witness or upon the view. 24 Geo.3. c. 54. By the 24 Geo. 3. c. 54. s. 22. Eng. a penalty of £10. is $. 22. Eng.
e imposed upon any gaoler, or person in trust for or emGaming also ployed by any gaoler, who shall suffer tippling or gaming prok:bited.
in any prison, or shall sell or suffer to be sold any wine, beer, ale, or other liquors, or shall have any beneficial concern in the sale of any liquors or in any tap-house, tap-room or tap, upon conviction before any two justices; one moiety of said penalty, after deducting the charges of recovering the same, to be paid to the informer, and the other to the use of the prisoners confined within such gaol; to be levied by distress, &c. or in case of no sufficient distress, such justices are empowered to commit any such offender to the house of correction for the
. . . . . . county
county, or place where the offence shall be committed, for any time not exceeding 3 calendar months, unless şuch penalty and all reasonable charges shall be sooner paid. The 32 Géo. 2. c. 28. Eng. enacts that a table of 32 Geo. 2.c. 28.
s. 5. & 6. Eng. fees shall be settled, which are to be taken by the keepers *** of the several gaels in London, Middlesex, Surrey, and Extortion of
gaolers restraino other places in England and Wales; and also that proper edo rules and orders shall be made for the better government of such gaols, and duplicates of such orders and tables of fees as respect the gaols belonging to the courts in Westoinster-hall are required to be inrolled in such courts respectively, and duplicates of such orders, &c. as concern the gaols in the other parts of England, are to be transmitted to the respective clerks of the peace, to be by them registered in the rolls of the respective sessions: and such clerks of the peace are thereby required to cause another copy thereof to be hung up in all courts of assize, great sessions, and quarter sessions, and another copy to be transmitted to every gaoler within their respective jurisdictions; and such gaolers are to have the same hung up conspicuously in some public room or place in their several gaols, so that the prisoners may have free resort thereto at seasonable times in the day time. And by s. 7. the courts in Westminster are directed to inquire in every Michaelmas Term, whether such table of fees and such rules and orders were hung up and complied with, and to give notice to the prisoners of the respective prisons belonging to such courts, of the day appointed for such inquiry. And by s. 8. the judges of assize and great sessions are to make the like inquiry upon their circuits, and to supply and redress whatever shall be neglected or transgressed, and to charge also the several grand juries to make inquiries concerning the same. By s. 11. the said courts (or any judge thereof s. 11. in vacation time) and the judges of assize and justices of great sessions, as also the judges of all inferior courts of record, are authorized and required, upon the petition of any prisoners complaining of any extortion or other abuse by any gaoler, bailiff, or other officer, to determine the same in a summary way, and to make such orders for
redressing such abuses, and for making reparation to the parties injured, together with full costs as they shall think just, and enforce obedience thereto, by attachment or otherwise, in like manner as to other orders of said courts. And by s. 12.'any gaoler who shall directly or indirectly demand or take any other fee than what shall be allowed by said table, or who shall otherwise offend against this act, shall forfeit £50. (besides the other penalties to which 'he is liable by the laws in force) to the party grieved to be recovered with treble costs of suit in any court of record at Westminster by action of debt, &c.
For the more effectual execution of the laws respecting 29 Gen, 3.c.67. gaols the 29 Geo. 3. C. 67. Eng. requires every gaoler, at
the Michaelmas session in every year, to deliver to the Gavlers to pro- chairman or other magistrate presiding in such court, a dute certificale certificate, according to a form annexed to this act, subof compliance with these acts. scribed by himself, and verified upon oath, expressing
after each of the provisions of the 22 & 23 Car. 2. c.20.; 24 Geo. 2. C. 40.; 32 Geo. 2. c. 28.; 13 Geo. 3. c. 58.; (14 Geo. 3, c. 20.*); and 14 Geo. 3. c. 59.; which are briefly stated in said form of certificate, whether such provisions are complied with and observed in such gaol or not; which certificate is thereby directed to be read in the presence of the grand jury, and (by s. 2.) to be taken into consideration by the court, who may accordingly make orders and give directions relative to any of the matters contained therein : and if any gaoler shall neglect to deliver such certificate, he shall by s. 3. forfeit £50, or in case of its not being a county-gaol £20. to be recovered by any person who shall sue for the same, &c. in any court of record at Westminster, or court of
great sessions in Wales, or the county palatine of Chester, Gaols of Ireland. By the 17 & 18 Car. 2. c. 8. Ir. as amended by the 17 & 18 Car. 2. 3 Geo, 2. c. 5. Ir. provision is made for raising by prec. 9. Ir. 3 Geo. 2. c.5. Ir. sentment a sufficient fund for the relief of poor prisoners,
to be weekly distributed in bread or other necessaries, by Sustenance of prisoners.
the minister or curate of the parish, amongst such pri
soners as are not capable of maintaining themselves. The 3 Geo. 3. c. 28. 5.5. . 3 Geo. 3, c. 28. s. 5. Ir. and the 26 Geo. 3. c. 27. s. 32. Ir.
"further provide that the clergyman appointed to deliver 6. 34. Ir.
out Which releases prisoners aequitted, &c. from payment of fees .
out the common or county allowance of bread to the prisoners, shall attend the prison for that purpose 3 days in each week, and shall take care that it is properly distributed according to the wants of the prisoners, and that it is of a good quality and proper weight, as also that it is not more than 43. hours since the same has been baked; and that he shall not suffer the prisoners to commute the allowance by receiving the value in money or otherwise. And for preserving the health of the prisoners, by the 3 Geo. 3. c. 28. s. 5. Ir. a power is also given to 3 Geo. 3. c. 28.
s. 5. Ir. such minister or curate* to employ a physician, apothe- ** cary, or surgeon, and to provide medicines for such pri- Tealth,of, prisoners as shall be afflicted with sickness or stand in need soner of such medical aid. And by the 26 Geo. 3.c. 27.s. 32. Ir. 26 (tec.3.c.27, every room in the prison shall be daily scraped and swept, s. 32 Ir. and washed once a week in summer, and once a month in winter, and twice in every year the inside of each of the rooms and cells of the prison shall be whitewashed, viz, one month before the lent and summer assizes respectively; and sufficient bedsteads, ticken for beds, and blankets shall be provided for such prisoners as are in. want of covering, and every prisoner supplied with fresh straw every month; and sufficient fuel shall be provided for the common-hall of every such prison; and in case of sickness such prisoners as are sick sball be sea parated from them who are in health ; and the surgeon or medical assistant is thereby required to attend the former and to supply them with medicine, and also with, broth or other necessary sustenance. To promote the cleanliness of prisons and the convenience of prisoners, this. act further provides that in every gaol there shall be one (or more) clean and well secured yard, to which the prisoners shall have free access, and that no hogs, horses, cows, or other cattle, or poultry of any kind, shall be kept in the said yard, and that all prisoners shall be ad. mitted at proper times in succession to air themselves in such yards, for at least 2 hours every day, except prisoners under sentence of death, or such persons as, are riotous or disorderly, or where there may be sufficient
reason , * In Dublin this power is given to the grand jury by the 26 Geo. 3. c. 27.
reason to apprehend that an escape may be attempted : à bath, and one necessary or more, are thereby also re
quired to be provided in every gaol for the health and 8. 22.
convenience of the prisoners. And by s. 22. of this act, one common hall or kitchen, or more, shall be in every prison, and a constant fire kept up therein for 10 hours, in every day from the 29th September to the 25th day of March, from 10 in the morning to 8 in the afternoon, and for $ hours from the 25th March to the 29th September, viz. from 11 in the forenoon to 3 in the afternoon,
to which the prisoners shall have access in rotation. s. 32. With a view to the internal economy of gaols it is by
this act (s. 32.) further provided, that debtors shall be Internal economy of gaols. separated from felons and other offenders, and that
persons charged with highway robbery, house breaking, murder, or other capital offences, shall not be suffered to have any intercourse with prisoners confined for
offences which are not capital; and that men and women Oppressions and prisoners of every denomination shall be kept separate. eractions of gaolers restrain. To restrain the oppressions of gaolers, it is provided that ed.
no prisoner, even when condemned to death, shall be put into a dungeon or room under ground, unless in consequence of outrageous conduct, or for an attempt to break gaol; and to prevent their exactions, a table of fees is by the direction of this act to be made out by the inspector-general of prison's (and the inspectors of prison's in the county of the city of Dublin) to be laid by them before the court of king's bench, which table when approved is to serve as a general regulation for fees throughout Ireland. These clauses seem to be also cal
culated as well for preventing the exactions of gaolers, as Use of liquors for preserving order and regularity of conduct in the prohibited.
prisoners, which provide that no tap shall be kept in any prison, and that no gapler or any person under his authority or appointment, shall directly or indirectly sell to prisoners any malt or spirituous liquors or any manner of provisions; and further that no spirituous liquors shall be admitted into any prison, unless by a written order from the physician, surgeon, apothecary, medical assistant of inspector, nor any penny-pot or garnish be taken from